THE ATTO NEYGENERAL 

O~TEXAS 

AUSTIN,TEXAS 

October 11, 1949 

Ron. Wayne L. Rartman 

County Attorney 

Dewitt County 

Cuero, Texas 

Opinion No. v-932. 

Re: Applicability of the 

"private-parochiai 

clause" in S.B. Ro. 

116, 51st Legislature, 

Wh8Zl the district has 

been enlarged or receives scholastics under contract. 

Dear Sir: 

Your letter inquires the effect on the professional unit eligibility of a "private-parochial district* of enlargement of the district or receipt by the 

district of cootracted scholastics. 

"Professional units" are a measure of the 

State aid to be made available to a public school dlstrict, and "private-parochial districts" are those public school dlstrlctimentloned in the fifth paragraph 

of Section 1, Artlcle~III, Senate Bill Ro. 11.6, Acts 

51st Legislature 1949, which reads: 

"Provided further, that for the 

school year 1949-1950, and for such 

school year only, a school district, 

containing a private or parochial school, 

which received salary aid from the State 

Equalization Fund for the 1948-1949 

school year and was eligible for more 

teachers for the 1948-1949 school year 

than it Is under the general providons of this Act for the 1949-1950 

school year, shall be approved for pro- * 

fessional units in a number not to exceed its 1948-1949 eligibility, provided that such professional unit ellgibillty shall not exceed one classroom 

teacher unit for each twenty (20) pupils 
Hon. Wayne L. Hartman - Page 2 (V-932) 

in average daily attendance in the 

public schools of the district for 

1948-1949 school year." 

Pertinent to COnSid8ratiOn of 

the third paragraph of the same section 

which prsVid8S in part: 

the 

this problem 1s 

of Article 111, 

n 

any school district which 

is not'a'd&mant district 

ject to the approval of thi bo.&%'hf 

subtrUSt88S Of the districts Concerned, the 

County Superintendent, and the State Commissioner of Education, contract for a 

period of one year to transfer Its entire 

scholastic enrollment . . . to a contlguous district, . . . the combined daily 

average attendance shall b8 used in det8ITUining the number Of prOf8SSional units for which the receiving district 

Shall be eligible." 

Also pertinent to the question is this language in the first paragraph of the same section of Artic18 111: 

" 

. . . where a school district is 

consolidated or contracted with another 

district, or Where a school district or 

part of a school district Is annexed to 

another district or districts. . . or 

Where for any reason there is a marked 

increase or decrease. in the attendance 

of any school district, adjustments in 

professional allotments shall be made by 

the State Commissioner of Education." 

All of the provisions of this section,taken 

together, are a comprehensive basis for determination 

of the professional units to be allowed each school district under the Foundation School Program of 1949, and 

the quoted provisions mUSt be viewed as forming but 

parts of a aomprehensive Scheme, no part of which is 

designed t0 penaLi. any type Of school district in r8- 

latlon to Other districts Under the program. 

Does the above language of the fifth paragraph, 'a school district, containing a private or parochial school, which received salary eid from the State 
Hon. Wayne L. Hartman - Page 3 (v-932) 

Equalization Fund for the 1948-1949 school year," have 

application only to that exact geographical district 

which 8XiSt8d in the 1948-1949 school year? W8 think 

not. The act does not Categorically SO State. W8 f881 

it reasonable to view this langW3g8 as contemplating 

that school district which received salary aid last 

year and now contains a private or parochial school,lrrespective of incidental alterations in Its geographic 

limits or its scholastic load. Being that specific 

type of district contemplated by the fifth paragraph, 

this "private-parochial district" may have as many professional units this school year as It had last year, 

provided, of course, that this 8ligibility does not exceed one Classroom teacher unit for each twenty pupils 

in average daily attendance last year as the act speclfi8S. 

If this "private-parochial district" has received the scholastics of a contiguous district under a 

proper transfer contract, the district also comes within 

the provisions of the third paragraph of Section 1, 

whereupon its professional unit allocation can be predicat8d on the combined average daily attendance. The 

Act dO8S not provide that this district may combine its 

professional unit eligibility under the "private-parochial clause', on the one hand, with the~average dally attendance from the contracted district, on the other 

hand; but we hold that the presence of a private or parochial school in the district does not deprive the district of Its eligibility for professional units based 

on the combined average daily attendance which follows 

a proper transfer contract. 

Finally there remains to b8 considered that 

broad general power vested in the State Commissioner of 

Education by the first paragraph of Section 1; namely, 

he shall adjust professional unit 8ligibiliti8S in accordance with the equities presented. If the district 

in question feels Its professional unit allotment Is inadequate under either the fifth paragraph or the third 

paragraph of Section 1, the district can apply to the 

State Commissioner of Education for such adjustment in 

Its professional allotment as the Commissioner finds 

warranted by the specific alteration in the attendance 

of the district found "for any reason' to exist. 
Hon. Whyne L. Rartman - Page 4 (V-932) 

SUMMARY 

Under the provisions of Section 1 a 

school district which contains a private 

or parochial school and received salary 

aid from the Stat8 Equalization Fund for 

the 1948-1949 school year may have the professional units for which it was 8ligible 

in that school year despite a SUbSeqUent 

annexation or contracted transfer of scholastics. A school district which has received scholastics Under a proper contract 

of transfer may have professional units 

based upon the combined average daily attendance regardless of the fact that the 

district also contains a private or parochial school and received salary aid 

from the Stat8 Equalization Fund last 

year. 

A school district which for any reaSon has experienced a marked Change in its 

scholastic attendance may apply to the 

State Commissioner of Education for such 

adjustments in its professional unit allotments as the Commissloner may find warranted by the specific circumstances presented. 

Very truly yours, 

ATTORNEY GENERAL OF TEXAS 

DBI:eb 

David B. Irons 

AdminiStratiV8 Assistant 

- 

FIRST ASSISTAET 

ATTORNEY GENERAL 

.